RTI Limited v OWH SE i.L. (Court of Appeal : Appeal (Civil) : McMahon, Dunlop KC, McCullough KC : Companies) [2025] JCA 327 (15 December 2025)

RTI Limited v OWH SE i.L. (Court of Appeal : Appeal (Civil) : McMahon, Dunlop KC, McCullough KC : Companies) [2025] JCA 327 (15 December 2025)

Article 46A of the Sanctions and Asset-Freezing (Jersey) Law 2019 does not have retrospective effect; enforcement of the arbitral award is not contrary to public policy as civil immunity does not apply to acts before Article 46A's commencement; accrued contractual rights cannot be retrospectively altered absent...

Source-derived case information.

Citation
[2025] JCA 327
Parties
Appellant: RTI Limited; Respondent: OWH SE i. L.
Jurisdiction
Jersey
Judgment Date
15 December 2025
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Retrospective Effect of Legislation, Public Policy Exception to Enforcement, Civil Immunity Under Sanctions Law, Enforcement of Arbitral Awards
Arbitration Sanctions Contract Law Retrospective Effect of Legislation Public Policy Exception to Enforcement Civil Immunity Under Sanctions Law Enforcement of Arbitral Awards

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Parties

RTI Limited

Appellant

OWH SE i. L.

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Article 46A of the Sanctions and Asset-Freezing (Jersey) Law 2019 should be given retrospective effect
  2. 2 Whether enforcement of the arbitral award would be contrary to public policy under Article 44(3) of the Arbitration (Jersey) Law 1998
  3. 3 Whether RTI Limited can rely on civil immunity for acts prior to Article 46A's commencement

Ratio Decidendi

Article 46A of the Sanctions and Asset-Freezing (Jersey) Law 2019 does not have retrospective effect; enforcement of the arbitral award is not contrary to public policy as civil immunity does not apply to acts before Article 46A's commencement; accrued contractual rights cannot be retrospectively altered absent clear legislative intent.

Court Disposition

Appeal dismissed

Orders

  • Leave to rely on fresh evidence (affidavit of James Pirie) refused
  • Leave to refer to legislative materials prior to Article 46A granted